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Article L2431-2 of the French Public procurement code

The project management assignment includes all or some of the elements of design, assistance, direction and control defined by regulation.These elements may vary according to:1° The project owner;2° The nature of the project;3° The project concerned;4° The involvement, from the drawing up of the preliminary design studies, of an economic operator responsible for the works or a supplier of industrial products, when the construction methods or techniques or the industrial…

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Article L2431-3 of the French Public procurement code

For building works, a basic assignment is given to the holder of the public works contract, which includes all the elements of the assignment defined by regulation and enables :1° the project manager to produce an architectural summary of the objectives and constraints of the programme and to ensure that the studies he has carried out are complied with during the execution of the work;2° the client to ensure the…

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Article L2432-1 of the French Public procurement code

The public contract for private project management provides for lump-sum remuneration of the contractor, taking into account the scope of the assignment, its degree of complexity and the estimated cost of the works.The procedures for determining the remuneration of the project manager and the consequences of the latter’s failure to comply with the commitments entered into with regard to the estimated cost of the works, with a distinction being made…

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Article L2432-2 of the French Public procurement code

In the event of a change to the programme or services decided by the project owner, the public works contract is subject to a contractual amendment in accordance with the provisions of Chapter IV of Title IX of Book I. This amendment determines the modified programme and the provisional cost of the works, and adapts the project manager’s remuneration and the terms of his commitment to this provisional cost accordingly.

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Article L2500-2 of the French Public procurement code

The public contracts mentioned in this Book concluded by a purchaser mentioned in Chapter I of Book IV relating to public contracting and having as their object the realisation of a work defined in Chapter II of that same Book, are subject to the provisions of that Chapter.

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Article L2511-1 of the French Public procurement code

Public contracts concluded by a contracting authority, including where it is acting as a contracting entity, with a legal person governed by public or private law are subject to the rules laid down in Title II where the following conditions are met: 1° The contracting authority exercises over the legal entity concerned a control similar to that which it exercises over its own departments; 2° The controlled legal entity carries…

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Article L2511-2 of the French Public procurement code

The rules defined in Title II also apply to public contracts concluded by a controlled legal entity which is a contracting authority, including when it acts as a contracting entity, with: 1° Either the contracting authority which controls it, including when such control is exercised jointly with other contracting authorities under the conditions laid down in Article L. 2511-3 ; 2° Or another legal entity controlled by the same contracting…

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Article L2511-3 of the French Public procurement code

Public contracts concluded by a contracting authority, including one acting as a contracting entity, which does not exercise control over a legal person under the conditions laid down in Article L. 2511-1, when the following conditions are met: 1° The contracting authority exercises over the legal person concerned, jointly with other contracting authorities, including when they are acting as a contracting entity, a control similar to that which they exercise…

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Article L2511-4 of the French Public procurement code

Contracting authorities shall be deemed to exercise joint control over a legal person where the following conditions are met :1° The decision-making bodies of the controlled legal person are composed of representatives of all the participating contracting authorities, and the same person may represent several or all of the participating contracting authorities;2° These contracting authorities are in a position jointly to exercise decisive influence over the strategic objectives and important…

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